CHAPTER 12. VIOLATIONS
IC 25-2.1-12
Chapter 12. Violations
IC 25-2.1-12-1
Foreign country practitioners
Sec. 1. This chapter does not apply to an individual or a firm:
(1) that holds a designation granted in a foreign countryentitling the holder to engage in the practice of accountancy orits equivalent in that country;
(2) whose activities in Indiana are limited to the provision ofprofessional services to individuals or firms who are residents,to governments, or to business entities of the country in whichthe individual holds the entitlement;
(3) that does not issue reports with respect to the financialstatements of another individual, firm, or governmental unit inIndiana; and
(4) that does not use in Indiana any title or designation otherthan the title or designation under which the individualpractices in the individual's country, followed by a translationof the title or designation into the English language, if it is in adifferent language, and by the name of the country.
As added by P.L.30-1993, SEC.7.
IC 25-2.1-12-2
Reports of financial statements of another; right to issue by personwithout permit or certificate
Sec. 2. (a) Except as provided in subsection (b), an individual ora firm not holding a valid CPA or public accountant certificate underthis article or permit under IC 25-2.1-5 may not issue a report onfinancial statements of another individual, member, organization, orgovernmental unit.
(b) Notwithstanding subsection (a):
(1) an officer, a partner, or an employee of a firm or anorganization may sign a statement or report in reference to thefinancial affairs of the firm or organization with any wordingdesignating the position, title, or office that the signor holds;and
(2) a public official or employee may, in the performance by anindividual of other services, use accounting skills, including thepreparation of tax returns, management advisory services, andthe preparation of financial statements without the issuance ofreports related to those documents.
(c) A CPA or public accountant may not issue a report in standardform upon a compilation of financial information through any formof business that does not hold a valid permit issued under IC 25-2.1-5unless the report discloses the name of the business through whichthe individual is issuing the report, and the individual:
(1) signs the compilation report identifying the individual as aCPA or public accountant; and
(2) meets the competency requirement provided in applicable
standards.
As added by P.L.30-1993, SEC.7. Amended by P.L.128-2001,SEC.42.
IC 25-2.1-12-3
Applicability of IC 25-2.1-12-2 prohibitions
Sec. 3. The prohibition contained in section 2 of this chapter isapplicable to issuance, by an individual or a firm not holding a validcertificate or permit, of a report using any form of languageconventionally used by licensees with respect to:
(1) a review of financial statements; and
(2) compilation of financial statements.
As added by P.L.30-1993, SEC.7.
IC 25-2.1-12-3.5
Attest services performance prohibited
Sec. 3.5. A holder of a CPA or PA certificate issued under thisarticle may not perform attest services except through a firm thatholds a valid permit under IC 25-2.1-5.
As added by P.L.128-2001, SEC.43.
IC 25-2.1-12-4
Individual use of title "CPA"; inactive licensee
Sec. 4. (a) An individual may not use the title or designation"certified public accountant", the abbreviation "CPA", or any othertitle, designation, words, letters, abbreviation, sign, card, or devicetending to indicate that the individual is a certified public accountantunless the individual:
(1) holds a valid CPA certificate;
(2) meets the substantial equivalency standards of this article;or
(3) is an employee of a firm holding a permit under IC 25-2.1-5and has not been an employee long enough to meet theexperience requirement under IC 25-2.1-3-10 for a certificate.
(b) A licensee who has selected inactive status on the licensee'srenewal form may not use the title or designation "certified publicaccountant" or the abbreviation "CPA" unless the title, designation,or abbreviation is immediately followed by the word "inactive".
As added by P.L.30-1993, SEC.7. Amended by P.L.179-1997, SEC.6;P.L.128-2001, SEC.44.
IC 25-2.1-12-5
Firm use of title "CPA"
Sec. 5. A firm may not provide attest services or use the title ordesignation "certified public accountant", the abbreviation "CPA",or any other title, designation, words, letters, abbreviation, sign, card,or device tending to indicate that the firm is composed of certifiedpublic accountants, unless:
(1) the firm holds a valid permit issued under IC 25-2.1-5; and
(2) ownership of the firm meets the requirements of this article
and the rules adopted by the board.
As added by P.L.30-1993, SEC.7. Amended by P.L.128-2001,SEC.45.
IC 25-2.1-12-6
Individual use of title "PA" or "AP"; inactive licensee
Sec. 6. (a) An individual may not use the title or designation"public accountant" or "accounting practitioner", the abbreviation"PA" or "AP", or any other title, designation, words, letters,abbreviation, sign, card, or device tending to indicate that theindividual is a public accountant or an accounting practitioner unlessthe individual holds a valid certificate.
(b) A licensee who has selected inactive status on the licensee'srenewal form may not use the title or designation "public accountant"or "accounting practitioner" or the abbreviation "PA" or theabbreviation "AP" unless the title, designation, or abbreviation isimmediately followed by the word "inactive".
As added by P.L.30-1993, SEC.7. Amended by P.L.179-1997, SEC.7;P.L.128-2001, SEC.46.
IC 25-2.1-12-7
Firm use of title "PA"
Sec. 7. A firm not holding a valid permit issued under IC 25-2.1-5may not use the title or designation "public accountant", theabbreviation "PA", or any other title, designation, words, letters,abbreviation, sign, card, or device tending to indicate that the firm iscomposed of public accountants.
As added by P.L.30-1993, SEC.7.
IC 25-2.1-12-8
Use of other related titles; prohibition
Sec. 8. (a) An individual or a firm not holding a valid certificateor permit issued under this article may not use the title or designation"certified accountant", "chartered accountant", "enrolled accountant","licensed accountant", "registered accountant", "accreditedaccountant", or other title or designation likely to be confused withthe titles "certified public accountant" or "public accountant", or"accounting practitioner" or use any of the abbreviations "CA","LA", "RA", "AA", or similar abbreviation likely to be confused withthe abbreviations "CPA", "PA", or "AP".
(b) The title "enrolled agent" or "EA" may only be used byindividuals who are so designated by the Internal Revenue Serviceunder 31 CFR 10.
As added by P.L.30-1993, SEC.7. Amended by P.L.128-2001,SEC.47.
IC 25-2.1-12-9
Use of terms by persons or firms without certificate or permit;prohibition
Sec. 9. (a) An individual or a firm not holding a valid certificate
or permit issued under this article may not use a title or designationthat includes the words "accountant", "auditor", or "accounting", inconnection with any other words, including statements in a reportthat imply that the individual or firm holds a certificate or permit orhas special competence as an accountant or auditor.
(b) Notwithstanding subsection (a), this section does not prohibitan officer, a member, a partner, a public official, an employee, afirm, or an organization from signing a statement in reference to thefinancial affairs of the firm, office, or organization with any wordingdesignating the position, title, or office that the signor holds.
As added by P.L.30-1993, SEC.7. Amended by P.L.128-2001,SEC.48.
IC 25-2.1-12-10
Repealed
(Repealed by P.L.128-2001, SEC.51.)
IC 25-2.1-12-11
Individual practitioner use of misleading firm name; firm namesof successor partners
Sec. 11. An individual licensee may not engage in the practice ofaccountancy in a firm holding a permit under this article using aprofessional or firm name or designation that is misleading about:
(1) the legal form of the firm;
(2) the individuals who are partners, members, officers, orshareholders of the firm; or
(3) any other matter.
However, the names of former partners or shareholders may beincluded in the name of a firm or a firm's successor.
As added by P.L.30-1993, SEC.7. Amended by P.L.128-2001,SEC.49.
IC 25-2.1-12-12
Use of initials "P.A." by physician assistant
Sec. 12. Use of the initials "P.A." by a physician assistant who isauthorized to use the initials "P.A." by IC 25-27.5 is not a violationof this chapter.
As added by P.L.227-1993, SEC.9.